DECISION

Fair Work Act 2009
s.185—Enterprise agreement

idec Solutions Pty Ltd
(AG2021/6664)

IDEC SOLUTIONS PTY LTD RIGGER & DOGGERS ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 AUGUST 2021

Application for approval of the idec Solutions Pty Ltd Rigger & Doggers Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the idec Solutions Pty Ltd Rigger & Doggers Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by idec Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2021. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

idec Solutions Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the idec Solutions Pty Ltd Rigger & Doggers Enterprise Agreement 2021. The applicant was the employer, idec Solutions Pty Ltd, and the respondents included a union representing the employees, as well as some individual employees. The primary dispute centred around the terms of the proposed enterprise agreement and whether they met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission needed to determine if the agreement had been made in good faith and if there was genuine bargaining between the parties. Substantively, the Commission had to consider whether the agreement provided for appropriate pay and conditions for the employees and did not unfairly discriminate against any group of employees.

The Commission found that the agreement had been made in good faith and that there was genuine bargaining between the parties. It determined that the pay and conditions outlined in the agreement were fair and reasonable. The Commission also noted that the agreement did not contain any terms that unfairly discriminated against any group of employees. Consequently, the Commission approved the enterprise agreement, finding it met all necessary legal standards.

The Commission's decision was made on the basis that the agreement provided a fair and reasonable framework for the employees, met all procedural requirements for negotiation and approval, and did not contain any terms that were contrary to public policy or unfair to any group of employees. The final order was that the idec Solutions Pty Ltd Rigger & Doggers Enterprise Agreement 2021 be approved in accordance with the provisions of the Fair Work Act.

idec Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established